Appendix I: Actions That Constitute a Crime

Examples of reportable criminal offenses often seen in APS PI cases include:

• offenses against children, persons who are age 65 or older, and adults with disabilities;

• sexual offenses;

• assaults; and

• terroristic threats.

Injury to a Child, Persons Who Are Age 65 or Older, and Adults With a Disability

Section 22.04 of the Penal Code states that a person commits an offense if he or she causes a child, a person age 65 or older, or an adult with a disability:

• serious bodily injury;

• serious physical or mental deficiency or impairment; or

• bodily injury.

To be held responsible for injuring a child, person age 65 or older, or adult with a disability, the alleged perpetrator must have been required by legal authority to act as or have assumed the role of caretaker.

A person who is an owner, operator or employee of a HCSSA provider, a group home, nursing facility, assisted living facility, intermediate care facility for individuals with an intellectual disability or related conditions, or other institutional care facility commits an offense if he causes a child, person age 65 or older, or an adult with a disability:

• serious bodily injury;

• serious physical or mental deficiency or impairment; or

• bodily injury; or

• exploitation.

Sexual Offenses

Sexual offenses that must be reported to law enforcement include indecent exposure, sexual assault, aggravated sexual assault, and intentionally exposing another person to AIDS or HIV.

Indecent Exposure

A person commits indecent exposure if he or she exposes his or her anus or any part of the genital area with intent to arouse or gratify the sexual desire of any person.

If an owner, operator, or employee, in a setting that APS PI investigates, threatens an individual receiving services with serious bodily injury, the incident must be reported to law enforcement. The investigator provides enough information for law enforcement to evaluate the potential for danger.

The investigator consults with the supervisor, district director or district director’s designee, and regional attorney before notifying an endangered person of a threat made by another person.